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Latest Property Disputes News

Property Disputes weekly highlights—23 September 2021

Property Disputes weekly highlights—23 September 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—23 September 2021

Cladding remediation—where are we?

Cladding remediation—where are we?

The following Construction news provides comprehensive and up to date legal information on Cladding remediation—where are we?

Due execution by company of real property documents (Mars Capital Finance Ltd v Hussain)

Due execution by company of real property documents (Mars Capital Finance Ltd v Hussain)

The following Banking & Finance news provides comprehensive and up to date legal information on Due execution by company of real property documents (Mars Capital Finance Ltd v Hussain)

End of insolvency temporary provisions—introduction of new temporary provisions

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

Featured Property Disputes content

Specific performance of property agreements

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

Notice to complete

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...

Service charges—summary of tenants’ rights and obligations

Service charges—summary of tenants’ rights and obligations

1This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service...

Q&As

When does the provision in section 6 of the Party Wall etc Act 1996 (notice should be served where excavation within three metres of any part of a neighbouring owner’s building or structure, where any part of that work will go deeper than the neighbour’s foundations) apply? Would it be three metres at any angle or only where the property walls are adjacent?

Section 6 of the Party Wall etc Act 1996 (PWA 1996) applies where:‘ … (a) a building owner proposes to excavate, or excavate for and erect a building...
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19th May
Q&As

Is it possible to forfeit an equitable lease (due to failure to register where the term exceeds seven years), assuming the lease contains a forfeiture provision in respect of the relevant breach?

In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...
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Produced in partnership with Desmond Kilcoyne 19th May
Q&As

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes

Surrender by operation of law

A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
Practice notes

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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19th May
Practice notes

Property boundaries

This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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19th May
Q&As

When does liability for payment of arrears arise following the service of a section 17 notice on a former tenant or guarantor? Can proceedings be issued immediately following service of the notice (subject to compliance with any pre-action protocols)?

This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...
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Produced in partnership with Alex Campbell of Arden Chambers 19th May
Practice notes

Interim rent

This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...
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19th May
Practice notes

Rectification—unilateral mistake

This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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19th May
Practice notes

Commercial rent arrears recovery (CRAR)

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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19th May
tag iconCOVID-19
Q&As

Can you serve a notice under the Torts (Interference with Goods) Act 1977 on a vehicle parked on private property? What is the procedure for removal?

Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May
Practice notes

Estoppel and property law

This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
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19th May
Q&As

Where a puisne mortgage is registered against title to land and the lender (a limited company) has been dissolved (a) from whom should a release be sought? (b) what is the process for obtaining release and removal of the entry against the title? and (c) is there any limitation period on enforceability of claims by a company which applies after a company has been dissolved?

A puisne mortgage is a legal mortgage which is not secured by a deposit of documents relating to the legal estate effected by the mortgage—ie one...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Q&As

How do you calculate the court fee for a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) when the value of the claim is unknown, as is sometimes the case when applying for a declaration under TOLATA 1996?

Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May
Q&As

A lease provides that the rules regarding service of notices under section 196 of the Law of Property Act 1925 will apply to any notices served under the lease. Where a break notice is served by a landlord by first class post only at the tenant’s place of business, rather than the premises or registered office, will the notice be invalid due to a failure to comply with section 196, or is compliance with these provisions not mandatory?

Any notice required or authorised to be served or given under the Law of Property Act 1925 (LPA 1925) must be in writing. In relation to the location...
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19th May

Most recent Key developments and horizon scanning content

Practice notes

Dispute resolution: key appeal cases—2021

Dispute resolution: key appeal cases—2021One of the difficulties for dispute resolution practitioners is keeping up to date with developments in case...
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24th Sep
Practice notes

Quick guide to landlord’s coronavirus (COVID-19) remedies

Quick guide to landlord’s coronavirus (COVID-19) remediesThis Practice Note sets out the potential options and remedies which may be available to a...
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24th Sep
tag iconCOVID-19
Practice notes

Coronavirus (COVID-19)—implications for property

Coronavirus (COVID-19)—implications for propertyThis Practice Note introduces the key implications that property practitioners should consider in...
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24th Sep
tag iconCOVID-19 tag iconIn-house
Practice notes

CPR changes—April 2013 [Archived]

CPR changes—April 2013 [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further,...
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23rd Sep
Practice notes

Summary of the Jackson April 2013 reforms [Archived]

Summary of the Jackson April 2013 reforms [Archived]ARCHIVED: this archived Practice Note provides information as at 1 April 2013 on the...
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23rd Sep
Practice notes

Property key future developments tracker

Property key future developments trackerOnce a development occurs, it is then moved to the relevant archive:•Property key future developments...
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23rd Sep
Q&As

Does section 82 of the Coronavirus Act 2020 (the ban on business tenants being evicted) apply to tenancies at will and expired leases which have contracted out of the Landlord and Tenant Act 1954?

Does section 82 of the Coronavirus Act 2020 (the ban on business tenants being evicted) apply to tenancies at will and expired leases which have...
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22nd Sep
tag iconCOVID-19
Q&As

The prohibition on a landlord taking steps to forfeit a business tenancy on the grounds of non-payment of rent under the Coronavirus Act 2020 has been extended to 25 March 2022. Does this protection only apply to tenants who have not been able to trade or does it apply irrespective of whether or not the tenants have been trading? Does the protection cover leases below six months too?

The prohibition on a landlord taking steps to forfeit a business tenancy on the grounds of non-payment of rent under the Coronavirus Act 2020 has been...
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22nd Sep
Practice notes

Brexit timeline

Brexit timelineOn 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU. On 29...
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21st Sep
tag iconSustainable Business Toolkit tag iconBrexit
Practice notes

Property case tracker—2021

Property case tracker—2021The Property case tracker is a list of key judgments from 2021 which we consider relevant to property lawyers. Cases are...
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17th Sep
Practice notes

Coronavirus (COVID-19) civil court specific guidance—dispute resolution

Coronavirus (COVID-19) civil court specific guidance—dispute resolutionThis Practice Note should be read in conjunction with Practice...
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17th Sep
tag iconCOVID-19
Practice notes

CPR changes—November and December 2015 [Archived]

CPR changes—November and December 2015 [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information purposes...
Read More >
15th Sep
Practice notes

CPR changes—June to October 2016 [Archived]

CPR changes—June to October 2016 [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only....
Read More >
15th Sep
Practice notes

CPR update—April 2010 [Archived]

CPR update—April 2010 [Archived]ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only. Further, some...
Read More >
15th Sep
Practice notes

Coronavirus (COVID-19) implications for dispute resolution

Coronavirus (COVID-19) implications for dispute resolutionThis Practice Note aims to assist dispute resolution practitioners seeking to understand the...
Read More >
15th Sep
tag iconCOVID-19
Q&As

How do I activate a force majeure provision?

How do I activate a force majeure provision?There is no judicially accepted definition of the term ‘force majeure’, so what the parties mean by it...
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Produced in partnership with Richard Nicholas of Browne Jacobson 15th Sep
tag iconCOVID-19
Q&As

Can an agreement be terminated for frustration due to coronavirus (COVID-19)?

Can an agreement be terminated for frustration due to coronavirus (COVID-19)?What is the doctrine of frustration?If the contract does not include a...
Read More >
15th Sep
tag iconCOVID-19
Practice notes

Discharge by frustration

Discharge by frustrationCoronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19)...
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15th Sep
tag iconCOVID-19 tag iconIn-house
Practice notes

Force majeure—consequences and contract discharge

Force majeure—consequences and contract dischargeCoronavirus (COVID-19): In addition to the below content on force majeure generally, see...
Read More >
15th Sep
tag iconCOVID-19
Practice notes

Reform of UK insolvency laws

Reform of UK insolvency lawsBackgroundThe coronavirus (COVID-19) crisis has had a significant impact on businesses around the world, putting many at...
Read More >
15th Sep
tag iconCOVID-19

Popular documents

Directors’ remuneration

Directors’ remuneration

Directors’ remunerationCompany directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their

Reversionary lease by reference

Reversionary lease by reference

 LR1. Date of the lease[date]LR2. Title Number(s)LR2.1 Landlord's title number(s)[title numbers out of which this Lease is granted. Leave blank if not registered]LR2.2 Other title numbers[existing title number(s) against which entries of matters referred to in LR9, LR10, LR11 and LR13 are to be

Highways, street works and statutory undertakers

Highways, street works and statutory undertakers

Highways, street works and statutory undertakersCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the coronavirus (COVID-19) pandemic. For further information, see: Traffic Orders Procedure (Coronavirus)

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and